Wife's green card is processing and she will have a baby

[insins]

Hi:
I am 3 years old green card holder and applied for my wife who is back home. She is pregnant and will have a baby in few months. After the baby is born, how do I apply for the baby, so both the mother and the baby can come together with Green card?

Thanks in advance.

 

[TheRealCanadian]

I am 3 years old green card holder and applied for my wife who is back home. She is pregnant and will have a baby in few months.

I hope you have had a GC for 3 years, otherwise this is quite an accomplishment.

After the baby is born, how do I apply for the baby, so both the mother and the baby can come together with Green card?

Since it is FB2, the baby should be eligible for a derivative GC from your spouse.

 

[Triple Citizen]

You wouldn't happen to be from Newfie?

I hope you have had a GC for 3 years, otherwise this is quite an accomplishment.

According to my interpretation of the instructions for I-130, a separate I-130 needs to be filed for the minor. Take a look and let me know what you make of it.

Since it is FB2, the baby should be eligible for a derivative GC from your spouse.

 

[TheRealCanadian]

You wouldn't happen to be from Newfie?

No, why? I have some Newfie friends but even they did not get such a young start in life.

According to my interpretation of the instructions for I-130, a separate I-130 needs to be filed for the minor. Take a look and let me know what you make of it.

As I read it, you need a separate I-130 for each alien relative you wish to sponsor. If the OP wants to file a separate I-130 for the minor child, he can certainly do so and would require a second I-130. However, this child can qualify as both a primary and derivative applicant in the FB2 category - and going as a derivative is both faster and cheaper.

If, however, the OP becomes a US citizen prior to the FB2 date for the wife becoming current, he'll need to file a second I-130 since the child is now an Immediate Relative, and there are no derivatives in this category.